Trump sues Maher for $5 million for orangutan sex joke

By Ed Payne, CNN

Updated 1807 GMT (0207 HKT) February 6, 2013

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Donald Trump's empire – Real estate developer and entrepreneur Donald Trump attends "The Celebrity Apprentice" season finale at the American Museum of Natural History in New York City in 2009. Trump produces and stars in "The Apprentice" and "The Celebrity Apprentice."

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Donald Trump's empire – Trump dips Marla Maples after the couple married in a private ceremony at the Plaza Hotel in New York City on December 20, 1993. Trump is the chairman and president of the Trump Organization.

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Donald Trump's empire – Trump, center, stands in front of the Plaza Hotel surrounded by supporters after a news conference on December 21, 1994, where he denied reports that the Sultan of Brunei had bid $300 million to buy the hotel.

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Donald Trump's empire – Trump with the Rev. Al Sharpton, center, and Geraldine Ferraro, right, attend a ribbon cutting ceremony for Sharpton's National Action Network Convention in 2002 in New York City.

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Donald Trump's empire – An advertisement for "The Apprentice" hangs at Trump Towers in New York City in 2004.

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Donald Trump's empire – Trump appears on "The Tonight Show with Jay Leno" at the NBC Studios in Burbank, California, on September 7, 2004.

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Donald Trump's empire – The new Donald Trump 12-inch talking doll on display at the Toys "R" Us store in New York City on September 29, 2004.

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Donald Trump's empire – Trump speaks to the press about Bill Rancic, who appeared in the first season of "The Apprentice." Trump chose Rancic to lead the Trump offices in Chicago in 2005.

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Donald Trump's empire – Trump signs his autograph as he opens the Nasdaq Market in New York City on September 20, 2005.

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Donald Trump's empire – Trump wrestles on the mat with Stone Cold Steve Austin at World Wrestling Entertainment's WrestleMania in Detroit in 2007. Trump has close ties with the WWE and its CEO Vince McMahon.

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Donald Trump's empire – Trump attends the U.S. Open tennis championship with his wife Melania Knauss-Trump and their son Barron William Trump in Flushing Meadows, New York in 2006. Trump and Knauss married in 2005 and have one child together.

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Donald Trump's empire – Trump poses with costumed actors at a casting call for "The Apprentice" at Universal Studios Hollywood in 2006.

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Donald Trump's empire – Trump was honored with a star on the Hollywood Walk of Fame on January 16, 2007.

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Donald Trump's empire – Trump holds a copy of his new book "Think Big and Kick Ass in Business and Life" at a book signing in New York City in 2007.

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Donald Trump's empire – Trump talks to the press at a Gucci Press Conference at the Gucci Store in New York City on February 5, 2008.

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Donald Trump's empire – Trump supporters stand outside the Aberdeen Exhibition and Conference center in 2008 where Trump attends a public inquiry about his plans to build a golf resort in Aberdeenshire, Scotland.

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Donald Trump's empire – Trump and his children, from left to right, Donald, Jr., Ivanka and Eric prepare to make hand prints at the new Trump International Hotel and Tower in Chicago on September 24, 2008.

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Donald Trump's empire – Trump at a press conference in 2009 announces the intent to purchase the Oreo Double Stuff Racing League at Trump Tower in New York City.

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Donald Trump's empire – Trump speaks at the Comedy Central Roast of Donald Trump at the Hammerstein Ballroom in New York City on March 9, 2011.

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Donald Trump's empire – Trump attends the 2011 "Skating With the Stars" Gala at Wollman Rink in Central Park on April 4, 2011.

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Donald Trump's empire – Former U.S. vice presidential candidate Sarah Palin leaves Trump Tower in New York City following a dinner meeting with Trump on May 31, 2011.

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Donald Trump's empire – A welcome sign for Trump stands outside a hair salon in Portsmouth, New Hampshire, on April 27, 2011.

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Donald Trump's empire – Trump speaks at the Ritz-Carlton in Sarasota, Florida, after accepting the Statesman of the Year Award at the Sarasota GOP dinner on August 26, 2012, just before the Republican National Convention in Tampa.

Donald Trump and Deadspin at war

Just Watched

Trump not from here, Obama jokes

"I hope it's not true, but unless he comes up with proof ... I'm willing to offer $5 million to Donald Trump that he can donate to a charity of his choice -- Hair Club for Men; The Institute for Incorrigible Douche-bag-ery. Whatever charity."

Maher picked the figure after Trump, long a skeptic of President Barack Obama's citizenship, offered to give $5 million to the charity of Obama's choice if the president publicly released his college transcripts in addition to his passport records ahead of last year's elections.

The White House never directly responded to the challenge.

Trump says he provided Maher with a New York birth certificate that proved he didn't descend from an ape -- but Maher hasn't paid up.

Trump filed the lawsuit in Los Angeles on Monday.

Included in the court documents are a January 8 letter to Maher, accepting the $5 million charity challenge the day after his appearance on Leno, and a copy of Trump's birth certificate, which lists Fred Trump as his father -- not an orangutan.

It's a free-swinging smackdown by two men used to speaking their minds and not backing down.

Maher, never afraid to ape the object of his pithy humor, was unrelenting on "The Tonight Show" in pushing the simian connection.

"The color of his hair (pauses for laughs) and the color of an orange orangutan is the only two things in nature of the same color," Maher said to another round of nervous chuckles from the audience.